What are the Abandonment Laws in Indiana?

Facing an unplanned pregnancy or concerns about a baby’s care can feel overwhelming, especially when legal questions come into play. Many expectant/birth parents and caregivers search for information about abandonment laws because they want to understand their rights, responsibilities, and safe options under Indiana law. Having clear, accurate information can help reduce fear and uncertainty during an already emotional time.

Indiana’s abandonment laws are designed to protect the safety and well-being of children while also providing legal pathways for parents who may be unable to provide care. These laws outline when a child may be considered abandoned, what actions can carry legal consequences, and which alternatives exist for parents in crisis. Understanding these distinctions is essential, as abandonment is different from making a thoughtful, legal adoption plan.

In this guide, we’ll explain how abandonment is defined in Indiana, what the law says about parental responsibilities, and the safe, lawful options available to parents who need support. Our goal is to provide clarity, compassion, and reassurance—helping you make informed decisions while prioritizing the best interests of the child and your own well-being. If you are thinking about making an adoption plan for your baby, you are considering his/her future and putting their needs before your own. You have your baby’s best interest at heart, making you a loving mother already.

Understanding Abandonment Laws

In Indiana – and other states around the country – the law clearly states that for a baby to be placed for adoption, the expectant/birth mother and legal father (if applicable) must consent to the adoption.

There are several circumstances wherein the need for consent is negated. This consent is void when the birth parent:

• Has abandoned the child for at least six months
• Has had no significant contact for a year (failure to communicate)
• Is deceased
• Has had their rights involuntarily terminated by a family court

Failure to communicate is only used in the context of a child who is in the custody of another person who is not the child’s parent or legal guardian. In this guide, we will focus on abandonment laws in Indiana and what you need to know.

What is Considered Abandonment in Indiana?

State laws vary when it comes to what qualifies as abandonment. Generally, there needs to be a period during which a parent does not have any contact with their child and does not pay child support. In Indiana, abandonment must last for at least six months immediately preceding the filing of a petition for adoption. If a parent were to leave their child unattended for a weekend, or even a few months, that would not be considered abandonment.

The legal concept of abandonment states that if a person is not acting like a parent, then that person cannot stop a child from being adopted by a person who is ready, willing, and able to parent the child. This concept is commonly used when an expectant/birth mother wants to place her child for adoption, and all that is needed to complete the process is the consent of the biological father.

If a birth father is uninvolved in the baby’s life, or is difficult to locate, the abandonment laws in Indiana give the state family court a way to move the adoption proceedings forward while meeting consent requirements.

For guidance through the adoption journey, it is important to seek professional counsel. A full-service adoption agency, such as Adoptions With Love, provides expectant/birth mothers with experienced adoption attorneys at no charge. They can answer any questions you may have about abandonment laws in Indiana and adoption in general.

What are the Grounds for Termination of Parental Rights in Indiana?

According to Indiana laws, a family court may decide to terminate parental rights for any of the following reasons:

• The birth parent commits a sex offense against the child or a parent of the child
• The birth parent commits another felony, such as murder, involuntary manslaughter, battery, criminal recklessness, human trafficking, child sexual trafficking, etc.
• The birth parent must register as a sex offender
• The birth parent’s parental rights of a sibling have been terminated
• The child is an abandoned child
• The child is a safe haven infant
• The child has been removed from the home twice before, and the court determines that each removal was due to conditions caused by the parents.

How to File for Child Abandonment in Indiana

According to child abandonment laws in Indiana, one must prove a parent has failed to support or contact the child for at least six months. This proof includes documents that may include:

• Child support payment histories showing a lack of payments
• Visitation logs, calendars, or school records showing no contact
• Records of returned mail or unanswered emails or text messages
• Testimony from caregivers, teachers, or social workers pertaining to the parent’s absence
• Copies of previous court visitation orders that have been ignored

Is Abandonment a Felony?

Yes, abandonment is considered a serious offense. It is typically categorized as Neglect of a Dependent, which is a felony. Violating abandonment laws in Indiana can cause severe penalties, such as jail time and termination of parental rights.

What Laws Work to Mitigate Abandonment?

Safe Haven Laws

Indiana’s Safe Haven Law allows a parent to surrender their infant (up to 30 days old) – anonymously – to a designated safe place such as a fire station or hospital, without the fear of prosecution. The child must be brought to one of the designated safe places, which also includes a Baby Box, and must show no signs of abuse. The Baby Box alerts first responders, who can immediately provide care and contact the Indiana Department of Child Services (DCS).

Family and Divorce Laws

In Indiana, divorce can mitigate abandonment by formally ending the marriage and addressing issues such as support. Proving fault-based abandonment requires proving the spouse willfully left and being absent for at least six months. This requires documentation – such as text messages, emails, witness accounts – and a lawyer to file everything properly.

The Positive Choice of Adoption

If you are thinking about placing your baby for adoption in Indiana, you are considering a brave, selfless, and thoughtful path. Adoption is not right for everyone. It requires much strength, love, and devotion. While it is one of the hardest decisions you will ever have to make, it can be very rewarding. Making an adoption plan for your baby is not abandonment; it is a loving choice.

Expectant/birth mothers who choose adoption can experience the joy of seeing their baby grow. At Adoptions With Love, expectant/birth mothers can hand-select their baby’s adoptive family. If you wish, you can speak with – or even meet prospective parents before making your final decision.

You can also determine the type of adoption you would like. There are three types of adoption plans:

• Open adoption
• Semi-open adoption
• Closed adoption

Most adoptions today are open. This looks different for everyone, open adoption means there is ongoing communication between birth and adoptive families. If you would like to receive updates from your baby’s adoptive family with photos and messages via email a few times per year, that can be arranged. After meeting your baby’s adoptive parents, you may wish to continue your relationship with texts or phone calls once a month. You may decide to have in-person reunions once a year. The form and frequency can vary, and your adoption specialist can help you find a plan that meets your needs.

If you would rather have a semi-open adoption or a closed adoption, that is okay, too. There is no right or wrong adoption plan. Your adoption counselor at Adoptions With Love can help guide you through this process, free of judgment, pressure, or criticism.

Learn More About The Benefits of Adoption

Learn More About Indiana Adoption

If you would like to learn more about adoption in Indiana, contact Adoptions With Love today. We can help you every step of the way, including with legal proceedings and designing an adoption plan. Call us any time of day, any day of the week at 800-722-7731, text us confidentially at 617-777-0072, or contact us online.